• After engagement I married other girl - now want to break engagement

Sir
I was doing arrange marriage for my parents.
And got engaged on nov2016 later on i found that the girl and his family are very selfish and rude ...
And sometimes her father also threatened to my father.
So i decided to get rid of them. So i marry with my girlfriend on 23jan18....and obtained a writ petition for protection from high court and i got my marriage registered.
Now i want to return all gifts and items taken from them.even i m ready to pay for damages also..but those people doing emotional drama and collecting peoples for panchayat like.
Actually I am a government job person so my family is afraid of any legal action.
Sir plz suggest me how should i proceed and what circumstances and obligations can arise in this case.
And i cant take so much leaves so i want it to be solved ASAP
thank you
Asked 4 years ago in Family Law
Religion: Hindu

14 answers received in 1 day.

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21 Answers

1)send email/ letter / message to girl and her parents that you are willing to return all gifts received at time of engagement

2) also mention that you are willing to pay all expenses incurred for the engagement

3) in the event girl files false case of dowry harassment against you apply for and obtain AB from sessions court

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

1) If you are married now than the won't force you to take divorce from your girlfriend and marry with their girl.

2) There is gap between your engagement and marriage date is about 14 months, so you kept on hold the arrange marriage girl on hold for more than year. So many things may have took place in this period. That all things may be plus point for that girl family. Please provide details what actually went wrong and why your mind changed to marry with your girlfriend.

Only providing two reasons facts and issues problem won't solve nor can guide you in proper directions.

As of now they can't do any thing regarding your government job. First understand that employment is different part and family is different part. Employment is your full right to work and live in India. So don't worry about it.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Respected sir ...

You don't have much option available in this case if you want to avoid Legal consequences then you have option available just to convince her social as Legal if she want she can take legal action against you under section 406 of IPC ...So just convince her and apologize your mistake but remember not give her any prof that you are apologize for your conduct as she will have prof of taking Legal action against you .... Socily you can convince her easily that will be much better for you...

Thank you

Dinesh Sharawat
Advocate, Delhi
1258 Answers
12 Consultations

4.9 on 5.0

There can be no action for breach of promise unless a contract to marry has been made. A declaration of intention to marry another made to a third person will not constitute a promise unless communicated to the other person on the authority of the person making the declaration. While it is not necessary that the mutual promises should be concurrent, both should be made within a reasonable time of one another. An action for breach of promise to marry may be taken by a man as well as a woman. In modern times there have been instances of successful actions by men.

In your case your legal marriage is over . An aggrieved person can claim compensation or damages for breach of promise to marry.Breach of promise to marry at best would also attract an offence of cheating also.

If she file a case against you then face it and try to use the mediation for settle the matter amicably . Don't take speedy steps. Earlier pronouncement for giving damages leads to bargaining and demands.

Ajay N S
Advocate, Ernakulam
3990 Answers
93 Consultations

5.0 on 5.0

You already have direction for protection. It will better for both the parties to amicably settle the issue as involvement of police will not yield any this and don't worry nothing will happen in this as the engagement is not amount to marriage and you are married now. You may say that you communicated decision of not going ahead in that relation due to personal reason and the time from Nov 16 till your marriage is enough to prove this.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

You must return them all the gifts etc. they must have exchanged with you during engagement.

Clear all the expenses that they must have incurred in hosting the engagement party. Also, in case they demand, pay them a token amount as compensation.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1.If you wish to refund the articles then do so asap without waiting for their approval.You can send the articles back through any movers and packers.

2.To compensate them for their expenses you can send the money through NEFT or through Money Order.

3.once you do this their tool of extortion will ebb way.

4.Thereafter you can lodge complaint with local police as well allehting extortion.

These are essential to protection your self from the dowry harassment charges.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hi,

Before they file complaint, you are suggested to proceed and file complaints against them with police.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

You may use the courier or other services including that of family/friends/relatives etc.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1) you can rely upon audio recordings and messages exchanged with girl friend to prove that you offered to return all gifts received and offered compensation

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

1. You should have first cancelled the engagement and then married your GF which you have not done causing social, emotional and financial damage to them for which they can drag you to court by filing a damage suit against you.

2. You shall have to take the stand that you had already informed them over phone and they are creating problem to you to take revenge on you for cancelling the engagement though they never said anything when you had told them about your decision to cancel the engagement and asked them to collect the articles they had given to you as per custom during the engagement.

3.In any case you can not marry her since you are already married.

4. If you have obtained an order from the High Court directing the police to protect you, then inform the police whenever they approach your residence seeking protection.

5. Send a legal letter to them asking them to collect the Articles they had gifted to you as per the customs, since you have cancelled the engagement and collect acknowledgement of receipt of the said articles from them while returning the same to them.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. If you have taken money from them then they might file a case against you for not marrying the girl since they could not pay the huge amount of dowry demanded by you even after collecting some amount towards dowry.

2. You shall have to understand that your recording accepting your guilt and offering to pay compensation/settlement might go against you to prove their allegation leveled against you.

3. Send them the legal notice as suggested in my earlier post seeking the Bank details terming the amount given to you is for making a FD in favour of their girl after the marriage.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1) If they had given valuable gifts like gold,wrist watch, any suiting and shirting pieces etc. They can't take legal actions against you, as you have informed match early.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

No need to transfer the money with out making a contract or concurrence of acceptances from them. Try to settle the matter with common friends or relatives. Or wait for time , if they move forward then take steps for settlement or other wise send a registered notice to them .

Ajay N S
Advocate, Ernakulam
3990 Answers
93 Consultations

5.0 on 5.0

Dear Sir,

You have to play a big drama in order to save your skin. You have to take a false contention that you have divorced your first wife by way of customary methods, which is recognized in your caste. Stick to this defense if any criminal proceeding is initiated against you under section 494 IPC bigamy. Since you are a Government Servant so you must be very careful to protect your future service otherwise departmental enquiry will be conducted for marrying second wife. In some cases the Supreme Court recognized divorce by customary methods. I have to give some tips to defend yourself, if interested call me or send your briefs to my email.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Have they initiated any legal action against you yet?

As a matter of fact you should have returned all her items long back, even now you can return them with proper compensation by involving some well wishers of both the sides.

You may try to solve the issue amicably.

No doubt they cannot take any legal action especially at this point of time.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

You can wait and watch the development.

If they do not come down for any settlement term you may finalize the settlement in police station also if they prefer to approach police.

The police will arrange for conciliation and if it is not possible then you may obtain AB and challenge her case in trial proceedings.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Ok. You've made sufficient efforts to reconcile the differences.

At any time they take a Legal action you, you'll be in a capacity to rebut their false allegations.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hello,

Send them a notice for settlement, you have not done any crime by breaking the engagement.

If they are not filing any complaint then no action can be taken by you at this stage.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

It is good that you have conveyed the settlement intention on phone, it will be good if you now send a letter/ notice or any written communication to them and intimate them that you want to return all the items and cash.

If in case they file a case then the said letter will be of great use for you.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If you pay their damages you don't need to face any action. They can file dowry demand case to take vengeance. Apart from that cheating case may also be filed. This all depends from case to case basis and can't be confirmed

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

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